Equitas Academies Trust WHOLE SCHOOL PAY POLICY SECTION A – GENERAL INTRODUCTION 1. INTRODUCTION 1.1 This policy sets out the framework for making decisions on employees’ pay. It has been developed to comply with current legislation1, the requirements of the School Teachers’ Pay and Conditions Document (STPCD), the National Joint Council for Local Government Services National Agreement on Pay and Conditions of Service (“Green Book”) and in accordance with the principles of public life – objectivity, openness and accountability. 1.2 In adopting this pay policy the aim is to: (a) achieve excellent outcomes for all students (b) support the recruitment and retention of a high quality workforce (c) complement the Trust’s performance management and capability policy which is supportive and developmental and ensures employees have the skills and support to do their job effectively (d) enable us to recognise and reward staff appropriately for their contribution to the Trust (e) help to ensure that decisions on pay are managed in a fair, just and transparent way (f) ensure that there is no pay discrimination in decision making and that decisions are based on evidence and can be justified 1.3 Pay decisions at this Trust are made by the Trust Board based on evidence which will be linked to performance management outcomes and other indicators. 1.4 This policy has been agreed following consultation with staff. The Trust Board adopted this policy on 7 December 2015. 2. MONITORING THE IMPACT OF THE POLICY 2.1 The Trust Board will monitor the outcomes and impact of this policy on an annual basis, including trends in progression across specific groups of staff to assess its effect and the school’s continued compliance with equalities legislation. 3. REVIEW OF POLICY 3.1 This policy is reviewed annually by the trust. We will monitor the application and outcomes of this policy to ensure it is working effectively. 1 Including the Employment Relations Act 1999, the Equality Act 2010, the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 and the Fixed-Term Employees (Prevention of Less Favourable Treatment) Regulations 2002. 1 SECTION B – DETERMINING TEACHERS’ PAY 1. BASIC PAY DETERMINATION ON APPOINTMENT 1.1 The Trust will determine the pay range for a vacancy prior to advertising it. On appointment it will determine the starting salary within that range to be offered to the successful candidate. 1.2 In making such determinations, the Trust may take into account a range of factors, including: (a) the nature of the post (b) the level of qualifications, skills and experience required (c) market conditions (d) the wider Trust context and strategic priorities Although there is no assumption that a teacher will be paid at the same rate as they were being paid in a previous school, the Trust will determine the appropriate rate of pay for a teacher joining the specific Academy taking account of salary expectations, current salary and the factors set out above. 2. PAY REVIEWS 2.1 The Trust Board will ensure that each teacher’s salary is reviewed annually by no later than 30 November each year or by no later than 31 December each year for Headteachers. Pay increases will be backdated to 1 September of the same academic year. 2.2 Salary will also be reviewed if a teacher takes up a new post with effect from the date the post commenced or in other circumstances as required, with effect from the relevant date. 2.3 All teachers will be notified in writing within one month of a decision on pay setting out their salary, any payments or other financial benefits awarded, any safeguarding, where a copy of the staffing structure and pay policy may be inspected and any other information required by STPCD. 3. ASSESSMENT OF PAY PROGRESSION 3.1 In this Trust all teachers will receive regular feedback on their performance and are subject to an annual performance review. The arrangements for teacher’s performance management are set out in our Performance Management and Capability Policies. 3.2 Decisions regarding pay progression will be made with reference to the performance management process. A fair and transparent assessment process will be in place where decisions are based on evidence. 3.3 In this Trust, judgements of performance will be made in relation to performance management outcomes, meeting objectives and, where applicable, the Teachers’ Standards. 2 3.4 The evidence we will use may include, but not be limited to performance management reviews, peer review, tracking pupil progress, lesson observations, the views of pupils and parents. 3.5 Teachers’ performance management reviews will contain pay recommendations. These recommendations will be reviewed by the senior leadership team OR the Executive / Local Headteacher and will be moderated across the Trust. 3.6 Final decisions about whether or not to accept a pay recommendation will be made by the pay and review committee of the Trust Board, having regard to the performance management review containing the pay recommendation and the moderation exercise by the senior leadership team OR the Executive / Local Headteacher. 3.7 Additional progression may be considered in accordance with the criteria set out in this policy. 3.8 It will be possible for a ‘no progression’ determination to be made without recourse to the capability procedure. 3.9 Where teaching, progress or compliance with the Teachers’ Standards (where applicable) is not meeting expectations the Executive / Local Headteacher will determine support and if necessary the capability procedure will be used. In such situations there would be no pay progression during that year. 3.10 The Trust Board will consider its approach in the light of the Trust’s budget and ensure that appropriate funding is allocated for pay progression at all levels. 4. MAIN PAY RANGE FOR TEACHERS 4.1 The main pay range within this Trust is from £22,244 - £32,831 per annum. Within this range this Trust has[six reference points which are as follows: Point Annual FTE salary Band 1 1 £22,244 2 £24,002 3 £25,932 Band 2 4 £27,927 5 £30,128 6 £32,832 Pay progression for main pay range teachers 4.2 Eligible main pay range teachers will be automatically considered for progression and no application will be necessary. However annual pay progression within the range is not automatic and decisions regarding pay progression will be clearly attributable to the teacher’s performance with reference to the performance management process. 3 4.3 Teachers will progress by one point until they reach the top of their range if in the professional judgement of the Executive / Local Headteacher they can demonstrate and the Trust Boards is satisfied that there is evidence that career expectations are being met relevant to pay band (see appendix 1). 4.4 Additional progression may be considered for those teachers who in the professional judgement of the Executive / Local Headteacher that they can demonstrate and the Trust Board is satisfied that there is evidence of: (a) Consistently “outstanding” teaching (b) Progress targets are exceeding career expectations of pay band (c) Successful leadership of a whole school / departmental / phase initiative where impact can be evidenced 5. UPPER PAY RANGE FOR TEACHERS 5.1 The upper pay range within this Trust is from £35,218 - £37,871 per annum. Within this range this Trust has three reference points which are as follows: Point Annual FTE salary Band 3 1 £35,218 2 £36,523 3 £37,871 Application to be paid on the upper pay range 5.2 Any qualified teacher may apply to be paid on the upper pay range and any such application must be assessed in line with this policy. It is the responsibility of the teacher to decide whether or not they wish to apply to be paid on the upper pay range. 5.3 Applications may be made once a year by no later than 1 October. 5.4 Applications should contain evidence from the last two years, should be made in writing using the standard form available from the HR department based at Aston Manor Academy and be submitted to the Executive / Local Headteacher. 5.5 An application from a qualified teacher to progress on to the upper pay range will be successful where they can demonstrate that they meet not only the Teachers’ Standards, but are highly competent in all elements of the standards and that their achievements and contribution are substantial and sustained. In this Trust this means that to achieve progression, the Trust Board must be satisfied that the teacher meets this criteria and there is evidence from the past two years of: (a) Consistently outstanding teaching 4 (b) Evidence of coaching and supporting colleagues to achieve improved student outcomes (c) Acting as a role model for Teaching & Learning (d) A commitment to personal development and CPD focused on improving outcomes for students (e) Highly competent in all areas of the Teachers’ Standards (f) The contribution at this level must be substantial and sustained. Evidence must be provided based on the career stage expectations outlined in appendix 1. 5.6 The application will initially be assessed by the Executive / Local Headteacher who will moderate all applications. The Executive / Local Headteacher will then make recommendations to the Pay Review Committee who will make the final decision. 5.7 The assessment will usually be made by 30 November. 5.8 If successful, applicants will move on to the upper pay range from 1 January and will be backdated to 1 September of that academic year. 5.9 Ordinarily a successful teacher will be placed on the bottom of the upper pay range. In exceptional circumstances the Executive / Local Headteacher may recommend a higher salary based on: 5.10 (a) the nature of the post and the responsibilities it entails (b) the level of qualifications, skills and experience of the teacher (c) market forces If unsuccessful, feedback will be provided in writing by Executive / Local Headteacher along with confirmation of the process for appeals. Pay progression for teachers within the upper pay range 5.11 Once a teacher has moved on to the upper pay range, if eligible they will be automatically considered for further progression no more than once every two years and no application will be necessary. However annual pay progression within the range is not automatic and decisions regarding pay progression will be clearly attributable to the teacher’s performance with reference to the performance management process. 5.12 Upper pay range teachers will progress by one point, biannually, until they reach the top of the range, if they can demonstrate and the Trust Board is satisfied that there is evidence from the required period of continuing to meet the criteria at 5.5. 5.13 Additional progression may be considered for upper pay range teachers where performance is judged to be exceptional taking in to consideration the criteria at 5.5 and where all objectives have been exceeded. 5 6. PAY RANGE FOR UNQUALIFIED TEACHERS 6.1 The unqualified teacher pay range within this Trust is from £16,298 - £25,776 per annum. Within this range this Trust has six reference points which are as follows: Point Annual FTE salary 1 £16,298 2 £18,194 3 £20,088 4 £21,984 5 £23,881 6 £25,776 Pay progression for unqualified teachers 6.2 Eligible unqualified teachers will be automatically considered for further progression and no application will be necessary. However annual pay progression within the range is not automatic and decisions regarding pay progression will be clearly attributable to the teacher’s performance with reference to the performance management process. 6.3 Judgements of performance will be made in relation to performance management outcomes and meeting objectives. The minimum expectation to achieve pay progression is: 6.4 (a) All objectives met (b) Consistently good teaching evidenced throughout the year (c) Pupil progress targets achieved for all groups Additional progression will be considered for unqualified teachers who demonstrate: (a) All objectives exceeded (b) Consistently outstanding teaching evidenced throughout the year (c) Progress targets exceeded in the majority of groups or pupils 7. PAY RANGES FOR LEADING PRACTIONER POSTS 7.1 Leading practitioner posts have the primary purpose of modelling and leading improvement of teaching skills. Within this Trust, they will take a leadership role in developing, implementing, and evaluating policies and practice in their workplace that contributes to school improvement. To be appointed to a leading practitioner role, the teacher must: 6 7.2 (a) be an exemplar of teaching skills, (b) lead the improvement of teaching skills in the Trust (c) carry out the professional responsibilities of a teacher other than a Headteacher, including those responsibilities delegated by the Executive / Local Headteacher. The pay range for these posts will be determined individually for each leading practitioner post, which may differ to reflect the different demands and challenges of that post. Each individual pay range will be determined within the overall minimum and maximum of the pay range set by STPCD. Pay progression for leading practitioners 7.3 Eligible leading practitioners will be automatically considered for further progression and no application will be necessary. However annual pay progression within the range is not automatic and decisions regarding pay progression will be clearly attributable to the leading practitioner’s performance with reference to the performance management process. 7.4 Leading practitioners will progress by one point until they reach the top of their range, if they can demonstrate and the Trust Board is satisfied that they continue to effectively carry out the purpose of the role as set out at 7.1 and there is evidence of: 7.5 (a) Consistently outstanding teaching (b) Evidence of coaching and supporting colleagues to achieve improved student outcomes (c) Acting as a role model for Teaching & Learning (d) A commitment to personal development and CPD focused on improving outcomes for students (e) Highly competent in all areas of the Teachers’ Standards Additional progression may be considered for leading practitioners where performance is judged to be exceptional taking in to account the criteria at 7.4 and where all objectives have been exceeded. 8. PAY RANGES FOR MEMBERS OF THE LEADERSHIP GROUP 8.1 Pay ranges for Headteachers, Deputy Headteachers and Assistant Headteachers will be determined in line with STPCD for new appointments, where responsibilities significantly change or if this Trust chooses to review pay of leadership posts in line with STPCD. The pay range will take into account all permanent responsibilities of the role, any challenges that are specific to the role and all other relevant considerations including the skills and competencies required. Pay ranges will allow appropriate scope for performance related progression over time. 7 Headteachers 8.2 The school will be assigned to an Executive Headteacher group calculated using its total unit score, in accordance with STPCD. 8.3 A pay range will be determined for the Executive / Local Headteacher which will not normally exceed the maximum of the Headteacher group, unless the specific exceptional circumstances or candidate warrant it, up to an additional 25%. 8.4 Additional payments may be made to an Executive / Local Headteacher for temporary responsibilities that are in addition to the duties taken in to account for the determination at 8.1-8.3. The total sum of any temporary payments will not normally exceed 25% of the Executive / Local Headteacher’s annual salary. 8.5 In addition, the total sum of annual salary combined with any temporary payments (where applicable) will not exceed the maximum of the Headteacher group, calculated at 8.2, by more than 25%. Where this or exceeding the limits set out at 8.3 and 8.4 are being considered by the Pay Review Committee of the Trust Board, there must be wholly exceptional circumstances and that committee must make a business case to the full Trust Board who will seek external independent advice. Deputy Headteachers and Assistant Headteachers 8.6 A pay range will be determined for any Deputy Headteacher and Assistant Headteacher, considering how the role fits within the wider leadership structure of each Academy within the Trust. The pay range will not exceed the maximum of the Headteacher group for the Trust and will not normally overlap with the pay range of the Executive / Local Headteacher, except in exceptional circumstances. Pay progression for members of the leadership group 8.7 Eligible members of the leadership group will be automatically considered for further progression and no application will be necessary. However annual pay progression within the range is not automatic and decisions regarding pay progression will be clearly attributable to the leadership group member’s performance with reference to the performance management process. 8.8 Leadership group members will progress by one point every two years until they reach the top of their range if they can demonstrate and the Trust Board is satisfied that there is evidence of sustained high quality of performance in the relevant Academy leadership and management and pupil progress, clearly linked to school improvement priorities and outcomes. The group size for this Trust is seven. 8.9 Additional progression may be considered for members of the leadership group where performance is judged to be exceptional taking in to account the criteria at 8.8 and where all objectives have been exceeded. 9. TEACHING AND LEARNING RESPONSIBILITY (TLR) PAYMENTS 9.1 In this Trust we pay TLR1 or TLR2 to a classroom teacher for undertaking a sustained additional responsibility in the context of our staffing structure for the purpose of ensuring the continued delivery of high quality teaching and learning and for which the teacher is 8 made accountable. The award is made whilst the teacher remains in the same post or occupies another post in the absence of a post-holder. 9.2 9.3 Current values are as follows in accordance with the staffing structure: TLR1a £7,546 TLR1b £9,287 TLR1c £11,028 TLR1d £12,643 TLR2a £2,613 TLR2b £4,354 TLR2c £6,386 In addition we may award a fixed-term TLR3 to a classroom teacher for time-limited, clearly defined school improvement projects, or one-off externally driven responsibilities. The annual value of a TLR3 will be no less than £500 and no greater than £3000. 10. NEWLY QUALIFIED TEACHERS (NQTs) 10.1 In the case of NQTs pay decisions will be made by means of the statutory induction process. 11. PART TIME TEACHERS 11.1 Teachers who work less than a standard working week are deemed to be part time. Their hours and working time obligations will be set out in their contracts of employment and in line with the provisions of STPCD. The pay of part time teachers will be determined in the same way as full time teachers and any increase in pay will be paid pro rata to full time equivalent salary rates. 12. SHORT NOTICE/SUPPLY TEACHERS 12.1 Teachers employed on a day-to-day or other short notice basis will be paid on a daily basis calculated on the assumption that a full working year consists of 195 days; periods of employment for less than a day being calculated pro-rata. They will be paid the agreed rate for the job and are not subject to the performance management process. 13. PAY PROTECTION 13.1 Pay protection arising from changes to pay and structure will be in line with the provisions of STPCD. 14. ABSENCE AND PAY PROGRESSION 14.1 Employees who are absent long term (including but not limited to maternity leave and long term sick leave due to a disability) are still eligible to be considered for pay progression. 14.2 The Trust will take into account the criteria set out in this policy, but use the period of time prior to the employee commencing their period of absence. In most cases this will be the 9 preceding year or two years for progression on to the upper pay range. If there is sufficient time for assessment in the current cycle, that period may also be considered. 15. APPEALS 15.1 The steps of the pay appeals process perform the function of the grievance procedure on pay matters and so employees will not be able to raise the complaint under the Trust grievance procedure following conclusion of a pay appeal. 15.2 Employees may be represented by a recognised trade union or colleague at any formal stage of this procedure. The employee is responsible for making these arrangements and for providing their representative with any paperwork they require for the hearing. The teacher should inform the clerk to the Trust Board who their chosen companion is, in good time before the hearing. Informal discussion 15.3 As part of the normal salary review process, the Executive / Local Headteacher will inform the teacher of the pay decision. Upon receipt of written notification of the pay decision, if the teacher is dissatisfied they should first discuss the decision with the Executive / Local Headteacher within five working days of receipt of the notification. 15.4 This discussion gives an opportunity for a teacher to discuss the decision on their pay, to gain an understanding of why the pay recommendation and decision were made and to resolve issues quickly and informally. If this does not resolve an issue, a teacher may follow the formal procedure set out below. Stage One 15.5 If, following discussion with the Head teacher, the teacher remains dissatisfied, they can make a formal appeal in writing within five working days of the discussion with the Head teacher to the committee who made the decision. The possible grounds for appeal are: (a) incorrectly applied any provision of the STPCD; (b) failed to have proper regard for statutory guidance; (c) failed to take proper account of relevant evidence; (d) took account of irrelevant or inaccurate evidence; (e) was biased; or (f) unlawfully discriminated against the teacher. 15.6 Appeals against pay decisions should be made in writing and addressed to the Pay Review Committee who made the pay decision of the Trust Board stating the grounds of their appeal in accordance with 16.5 above. 15.7 The panel that made the decision (or a representative from) will convene a meeting to consider the appeal as soon as is practically possible. The employee will be invited in writing, giving a minimum of five days’ notice and copies of any relevant documents to be considered at the meeting will be enclosed. 10 15.8 The teacher will have the opportunity to make representations to the Pay Review Committee panel or their representative and a school representative will also attend to present the management case. A note taker will also be present. 15.9 The panel or their representative will review their decision and will confirm the outcome in writing to the teacher within five days. Stage Two 15.10 If a teacher wishes to appeal against the decision made at Stage One, they may do within five working days of the written decision on the grounds that the Pay Review committee who made the decision: (a) incorrectly applied any provision of the STPCD; (b) failed to have proper regard for statutory guidance; (c) failed to take proper account of relevant evidence; (d) took account of irrelevant or inaccurate evidence; (e) was biased; or (f) unlawfully discriminated against the teacher. 15.11 Appeals against the decision at Stage One should be made in writing and addressed to the Clerk to the Trust Board stating the grounds of their appeal in accordance with 16.10 above. 15.12 Upon receipt an appeals panel of three different trustees who have not been involved in the original decision will convene a meeting to consider the appeal as soon as is practicably possible. The employee will be invited in writing, giving a minimum of five days’ notice and copies of any relevant documents to be considered at the hearing will be enclosed. 15.13 The teacher will have the opportunity to make representations to the appeals panel and a representative of the original decision making panel will also attend. A note taker will also be present. 15.14 The decision of the panel will be confirmed in writing to the teacher within ten days. The appeal panel’s decision is final; there is no further right of appeal. 11 SECTION C – DETERMINING SUPPORT STAFF PAY 1. PAY REVIEWS 1.1 The Trust Board will ensure that each member of support staff’s salary is reviewed annually with effect from 1 September if eligible. 2. SALARY SCALES 2.1 The salary scales used will be in accordance with the Green Book. 3. JOB DESCRIPTIONS 3.1 The Executive / Local Headteacher in conjunction with the line manager of the role will ensure that an up to date job description is available for each post which identifies the appropriate duties. 3.2 The job description will be reviewed as appropriate or when duties or responsibilities have changed and it will be amended to reflect the current role; although it should be recognised that job descriptions are not intended to list all tasks. An employee may request changes to their job description if they feel their duties or responsibilities have changed significantly. If appropriate, consideration may be given to whether the grade for the post should be redetermined and if it is, the post holder will be paid the new grade from a date determined by the Executive / Local Headteacher. If the assessment results in a lower grade, the employee may be entitled to salary protection in accordance with their terms and conditions of employment. 4. BASIC PAY DETERMINATION ON APPOINTMENT 4.1 The Trust will determine the grade for a vacancy prior to advertising it which will be identified on the job description. On appointment the Executive / Local Headteacher will determine the appropriate point within the grade to be offered to the successful candidate (which will usually be the bottom point of the grade). However in making such determinations, this may take in to account a range of factors, including: (a) the nature of the post (b) the level of qualifications, skills and experience required (c) market conditions (d) the wider Trust context and strategic priorities 5. PAY PROGRESSION 5.1 Eligible support staff will be automatically considered for progression and no application will be necessary. However annual pay progression within the range is not automatic and decisions regarding pay progression will be clearly attributable to the support staff’s performance with reference to the performance management process. 5.2 Support staff will progress by one point until they reach the top of their range if in the professional judgement of the Business Manager they can demonstrate that they have passed their performance management targets and are working to their job description. 12 5.3 Additional progression may be considered for those teachers who in the professional judgement of the Executive / Local Headteacher can demonstrate and the Trust Board is satisfied that there is evidence of: (a) Consistently “outstanding” performance (b) Successful leadership of a whole school / departmental / phase initiative where impact can be evidenced 6. 6.1 HONORARIA An honorarium may be paid on a temporary basis where an employee is offered and agrees to: (a) undertake higher level work in addition to their normal duties (b) ‘act up’ for at least four weeks in to a higher graded post which has become temporarily vacant, for example, due to sick leave 6.2 The Executive /Local Headteacher / Business Manager will determine the amount of this payment. Where the employee is undertaking higher level work not equivalent to a higher graded post, a fixed sum will be agreed. Where the employee is acting up and if carrying out the full responsibilities of the role, the payment will usually be the difference between the minimum point of the higher graded role and their current salary. 6.3 The employee will return to their substantive post and salary when they are no longer required to undertake the higher level work or ‘act up’. 6.4 This should usually only be a temporary solution and the Executive / Local Headteacher should consider whether it may be more appropriate to advertise the post or duties on a fixed term basis. 7. 7.1 APPEALS A member of support staff has the right to appeal against a decision that affects their pay. The principles of the appeals process for teachers apply (set out in Section B, paragraph 16) however the Green Book replaces STPCD at 15.5(a) and 1.10(a). Date of next review: November 2016 13 Equitas Academies Trust Career Expectations Name PROFESSIONAL AREA Current Pay point Date RELEVANT Band 1 M1-M3 TEACHER STANDARDS TEACHER PROFESSIONAL PRACTICE 1.1(1); 1.2 (2,3,5) 1.3 (1,3) 1.4 )1,2,3) 1.5 all 1.6 (1) 1.7 (1,2,3) 1.8 (3) 2.1 (2,4) Preamble 1.1 (2) 1.2 (1,2,3) 1.5 (1) 1.6 (3,4) Preamble Observations and teaching over time are mostly good. Observations and teaching over time are consistently good with some outstanding features. All observations and teaching over time are consistently good and some outstanding. Almost all students make expected levels of progress. Students are close to the national average for 3+ and 4+ levels of progress Almost all students make expected levels of progress and some exceed. Students are in line with the national average for 3+ and 4+ levels of progress Almost all students achieve expected levels of progress and many exceed. Students are above the national average for 3+ and 4+ levels of progress 1.1 (1) 1.6 (4) 1.7 (4) 1.8 (2,3,5) 2.1 (1,3,4) Preamble 1.1 (3) 1.7 (1) 1.8 (1) 2.1 (all) 2.2 2.3 Preamble Builds effective and flexible relationships with all members of the school community. Actively seeks professional development and responds positively to advice and feedback. These working relationships result in good progress by all groups of students and productive sharing of professional practice with others. Takes a pro-active role in their own professional development and keep up to date with any changes in practice. 1.1 (3) 1.7 (1) 1.8 (1) 2.1 (all) 2.2 2.3 Preamble Meet the standards for professional conduct set out in the Teachers’ Standards PROFESSIONAL OUTCOMES PROFESSIONAL RELATIONSHIPS PROFESSIONAL DEVELOPMENT PROFESSIONAL CONDUCT Band 2 M4-M6 School/self-assessment Band 3 ACCOMPLISHED TEACHER Meet the standards for professional conduct set out in the Teachers’ Standards 14 U1-U3 OUTSTANDING TEACHER Working relationships with colleagues are characterised by an enthusiastic commitment to helping then overcome professional challenges. Plays a proactive role in leading professional development and is involved in mentoring/coaching other members of staff. Meet the standards for professional conduct set out in the Teachers’ Standards